Blog for Our Austin Injury Lawyer

What Is the One-Bite Rule for Dog Bite Cases?

Posted on November 21, 2014 by Allison & Ward

Two Travis County workers were paid an $11,600 settlement after a Maltese dog owned by Justice of the Peace Glenn Bass bit them. The dog had previously bitten someone in 2011, leading to a $1,600 payout. Two years later, the dog had bitten another worker for $10,000 in damages. After four victims and $23,200 in fines, the dog has been given away to friends of Mr. Bass. What Is the One-Bite Rule in Texas? Texas is one of 19 states that follow the “One-Bite” rule for dogs. This law states that the owner of the dog is only liable if the dog has a history of biting someone or if the breed of the dog is known to be aggressive. Exceptions to this rule are injuries that occurred due to provoking the dog or through careless behavior or criminal behavior, such as trespassing. In the story above, a Maltese is…
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Are Sporting Injuries Eligible for Class Action Lawsuits?

Posted on November 19, 2014 by Allison & Ward

A collection of former University of Texas football players suffering from football-related brain injuries has filed a $50 million class action lawsuit against the NCAA. Their claim is that the college football organization has been negligent in regards to protecting college football players over the course of several decades. Do Athletes Have a Shot for a Class Action Settlement? The former UT football players do have a chance for their class action settlement. Only a few months ago, a similar head injury case occurred in Chicago. The NCAA settled the case by creating a $70 million fund to help diagnose former college athletes of a variety of sports. The NCAA also created a governing body that will make decisions regarding head injuries that teams will have to abide by. However, this case did not provide money for any individual players. It will be interesting to see how the lawsuit regarding…
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How Likely Are Lawsuits for Critically Ill Patients in Texas?

Posted on November 17, 2014 by Allison & Ward

A recent article in the Texas Observer discussed the likelihood of Ebola lawsuits in Texas. Thomas Eric Duncan may have died, in part, due to improper treatment. He died after having been given painkillers and antibiotics, but nothing more. Some believe that his misdiagnosis is clearly malpractice and that a lawsuit should be filed against the hospital. Texas Hospital Law for the Critically Ill Due to tort reform in 2003, as well as earlier court decisions, hospitals are unlikely to face consequences for sending uninsured patients home, even if they have life-threatening illnesses. Texas is not one of the states that follow the “loss of chance” doctrine, which favors the victims in a malpractice lawsuit, even when the chance of survival was less than the chance of death. In Texas, a hospital is likely to get out of a case if a patient seemed likely to die. As Ebola currently…
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